Potential impact of the Draft Money Laundering Regulations 2007 on trusts

Representative bodies, including the Law Society of Englandand Wales and the Society of Trust and Estate Practitioners,have raised concerns on the Draft Money Laundering Regulations2007 released on 22 January. They are intended to implementthe Third European Money Laundering Directive in England. However,many are fearful about the impact of Part 2 of the Draft Regulationswhich deals with customer due diligence (CDD) and, in particular,how the requirements will apply to trusts.     

Hair analysis for cocaine: Factors in laboratory contamination studies and their relevance to proficiency sample preparation and hair testing practices

Hair samples were contaminated by rubbing with cocaine (COC) followed by sweat application, multiple shampoo treatments and storage. The samples were then washed with isopropanol for 15 min, followed by sequential aqueous washes totaling 3.5 h. The amount of drug in the last wash was used to calculate a wash criterion to determine whether samples were positive due to use or contamination. Analyses of cocaine and metabolites were done by LC/MS/MS. These procedures were applied to samples produced by a U.S. government-sponsored cooperative study, in which this laboratory participated, and to samples in a parallel in-house study. All contaminated samples in both studies were correctly identified as contaminated by cutoff, benzoylecgonine (BE) presence, BE ratio, and/or the wash criterion. A method for determining hair porosity was applied to samples in both studies, and porosity characteristics of hair are discussed as they relate to experimental and real-world contamination of hair, preparation of proficiency survey samples, and analysis of unknown hair samples.     

WINNING ESSAY: 1998 LAW SCHOOL ESSAY CONTEST

Courts are frequently confronted with children who, regardless of court orders, refuse to visit their noncustodial parents. This article examines the possible alternatives to holding a child, or parent, in contempt for such behavior. Furthermore, solutions and ideas that better serve the needs of children and parents in these highly volatile family situations will also be explored .     

A Comparison of Forensic and Nonforensic Malingerers: A Prototypical Analysis of Explanatory Models

Explanatory models of malingering strive to understand the primary motivation underlying attempts to feign. Rogers, Sewell, and Goldstein (1994) provided empirical support for the conceptualization of pathogenic, criminological, and adaptational models. In the current study, a prototypical analysis of 221 forensic experts results in a slightly refined formulation: the adaptational model was decomposed into its two broad dimensions (cost–benefit analysis and adversarial setting). An important finding is that the factor structure for the explanatory models remained stable when applied to both forensic and nonforensic cases. As a first investigation, significant differences were observed in prototypical cases of malingering by the category of referral (forensic or nonforensic) and by type of feigning (mental disorders, cognitive impairment, and medical syndromes). Surprisingly, the feigning of medical syndromes appeared to play a relatively prominent role in both forensic and nonforensic cases and to be influenced by the apparent adversarial context of the assessment. Finally, important gender differences were observed, especially with nonforensic prototypical cases of malingering.     

A Bargaining Model of Holdouts and Takings

The holdout problem is commonly cited as the justification foreminent domain, but the nature of the problem is not well understood.This article models the holdout problem in a bargaining framework,where a developer seeks to acquire several parcels of land fora large-scale development. We show that in the absence of eminentdomain, holdouts are a significant threat, resulting in costlydelay. However, if the developer has the power to use eminentdomain to acquire the land from holdouts, all sellers will bargain,thus avoiding delay. An offsetting cost is that owners may negotiateprices below their true value, possibly resulting in excessivetransfer of land to the developer.     

Thought Crime and the Treason Act 1351

Liverpool Law Review - Has there ever been a law criminalizing mental states in themselves? We show that there has been, and still is: the Treason Act 1351. We argue for what we call ‘the...     

Striking the federal bargain in Russia: comparative regional government strategies

The central research goals of this article are to classify and explain the positions of the 89 state “governors” of Russia with regard to the most desirable federal division of power. The state governors are classified along a 5-item autonomy index based on events data and content analysis of their speeches, declarations, petitions, threats and actions from 1991–1995 as reported in two regional sources. Theoretical propositions derived from four schools of thought (essentialism, instrumentalism, relative deprivation and resource mobilization) are tested to discover which, if any, provide useful insights into the preferences and behavior of regional elites in Russia. In the end, a combined model that synthesizes elements of the above is shown to be most useful in explaining variation in elite positions.